§ 36. The seller's right to repair or replace

Even if you do not ask for it, the seller (selger) has the right to repair the defect (mangel) or deliver a new item, at the seller's own expense. The condition is that this does not cause you significant inconvenience, and that there is no risk that you will not get your money back. If the seller asks and you do not answer, the seller can do the work within the time the seller has stated.

The Sale of Goods Act (Kjøpsloven)·LOV-1988-05-13-27

Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська

The text of the law (unofficial translation)

(1) Even if the buyer (kjøper) does not demand it, the seller may at the seller's own cost carry out repair of the defect (retting) or replacement (omlevering), when this can be done without significant inconvenience to the buyer and without risk that the buyer will not have his expenses covered by the seller.

(2) If the seller asks whether the buyer will accept repair of the defect or replacement, or notifies the buyer that he will repair or replace within a stated time, but the buyer does not answer within a reasonable time after he has received the message, the seller may do what is necessary within the time stated.

(3) The seller cannot claim that he has not been given the opportunity to repair or replace if the buyer has had the defect repaired and, in the circumstances, it would be unreasonable to require him to wait for the seller's repair or replacement.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 36

What does this mean?

The law gives the seller the right to put things right, even if you have demanded something else. The idea: give the seller the chance to save the deal before you demand a price reduction (prisavslag) or cancellation of the purchase (heving).

The seller's initiative (first paragraph): The seller can offer repair of the defect or replacement even if you have not asked for it. Conditions:

If, for example, you have already got something else and the seller suddenly wants to repair: that may be inconvenience enough.

Tacit approval (second paragraph): If the seller asks whether you accept repair of the defect, or gives notice that the seller will repair within a certain time, and you do not answer within a reasonable time, the seller can do the work within that deadline. Your silence counts as approval.

You can fix it yourself if it is urgent (third paragraph): If it is unreasonable to wait for the seller, for example because you need the item by a certain date, you can fix it yourself. The seller cannot claim afterwards that the seller should have had the chance.

Practical consequence: If you demand a price reduction or cancellation of the purchase, you must usually give the seller the opportunity to repair first. The seller can "save" the deal by fixing it. Only if the seller does not do so can you move on to a price reduction or cancellation of the purchase (§ 37).

Examples

Eva complains about a dishwasher and demands a price reduction. She thinks it is a minor fault she wants compensation for. The seller replies: "Let me fix it instead." Under § 36 (1), the seller has the right to attempt repair of the defect, as long as it does not cause Eva significant inconvenience. Eva must normally accept it. If the repair does not work or drags on, she then has the right to a price reduction or cancellation of the purchase (§ 37).

Tom has complained about a sewing machine. The seller writes: "I'm sending a technician out next Friday to fix it." Tom does not answer. The seller sends a technician on Friday. Tom is out, and nobody opens the door. The seller asks for a new appointment. Under § 36 (2), Tom has in principle "approved" the repair by staying silent. He cannot later say "I didn't want a repair". The seller did what the seller said.

Marius runs a small eatery and discovers that a new refrigeration unit does not work. It is Friday, and Saturday is expected to be his busiest day. The seller can send a technician on Monday at the earliest. Marius rents a replacement refrigeration unit for the weekend and demands that the cost be covered. Under § 36 (3), Marius can bypass the seller, because it was unreasonable to wait. He is entitled to have the rental cost covered as a direct loss (direkte tap).

Common mistakes

  1. Demanding a price reduction without giving the seller the opportunity to repair: the seller can object
  2. Not answering the seller's proposal: silence counts as yes
  3. Taking the item straight to a repair shop without telling the seller: the seller can refuse to pay
  4. As a seller: trying to repair for months without success: this gives the buyer the right to make other claims

What should you do?

As a buyer:

As a seller:

Frequently asked questions

Do I have to give the seller the opportunity to repair several times?
As a rule, the seller has the right to one attempt. After that, you can normally move on to a price reduction or cancellation of the purchase (see § 37).
What counts as "significant inconvenience" for me as a buyer?
For example: that the item has to go unused for a long time, that you have to be without it during a period when you need it, or that the repair requires you to do something impractical.
Related sections
All §§ in the Sale of Goods Act →
Questions about this section
Tools for this